Justice Amy Coney Barrett

U.S. Supreme Court Revisits, Tightens Regulatory Takings Limits on Land Use Regulation

California Homeowner’s Takings Challenge to County’s Traffic Impact Fee Heads Back to State Court

On April 12th, the U.S. Supreme Court revisited a constitutional doctrine near and dear to its institutional heart: when and under what circumstances does a land use permit condition violate the Fifth Amendment’s Takings Clause? In yet another “regulatory takings” case from California, the Supreme Court wound up not answering that precise question.  Instead, the …

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Deconstructing the Supreme Court’s First Environmental Law Decision of the Year (Sort Of)…

…And Newly-Arrived Justice Barrett’s First Majority Opinion

Earlier this month, the U.S. Supreme Court issued its first environmental law-related decision of its current Term–U.S. Fish and Wildlife Service v. Sierra Club.  I say “environmental law-related” because the heart of the case concerns whether certain federal government documents are disclosable to the public under the Freedom of Information Act (FOIA).  But the case …

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The U.S. Supreme Court’s Most Important 2020 Environmental Law Decisions

Clean Water Act, CERCLA, Native American Law and Trump’s Border Wall Lead the List

It’s become customary for critics and observers from many disciplines to publish a wide variety of lists at year’s end, nominating the most important or best movies, music, plays, etc. of the preceding year.  Why not follow that tradition in the fields of environmental law and policy? With that objective in mind, I plan over …

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